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How to Legally Amend HOA Rules and Regulations

Can you amend HOA rules and regulations? Every HOA has bylaws and covenants that dictate how it is run and the responsibilities and obligations of the HOA and homeowners who live there. While board members lead and enforce, that doesn’t necessarily give them the power to amend HOA rules and regulations. Today, we’re going over common HOA rules, how to amend them, and tips for ensuring compliance. 

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What Are HOA Rules and Regulations?

Every HOA has rules and regulations, commonly known as the bylaws and covenants, conditions, and restrictions (CC&Rs). Bylaws dictate how the association operates, including the requirements and procedures for running the association. On the other hand, the CC&Rs cover a wide range of topics and help to maintain the community’s appearance, order, and property values. All of these rules are important for Philadelphia HOA managers, board members, and residents to know.

Here are a few examples of common rules and regulations for an HOA community

  • A person in professional attire uses a gavel near a model of a building, symbolizing the legal process of amending HOA rules and regulations.Architectural GuidelinesThese rules regulate the appearance and alterations of individual properties. Generally, they cover rules such as approved paint colors, landscaping requirements, and standards for renovations or home additions.
  • Parking Rules- These regulations may include restrictions on parking certain types of vehicles, such as RVs or commercial vehicles, in driveways or on the street in an HOA.
  • Noise Restrictions- HOAs typically set designated quiet hours to maintain a peaceful environment for all residents.
  • Pet Regulations- These rules often address the number of pets allowed, breed restrictions, and expectations for pet behavior in shared community spaces.
  • Trash and Recycling Guidelines- HOAs generally have rules for waste disposal, including scheduled pickup days and proper storage of trash and recycling bins.
  • Exterior Decorations- HOA CC&Rs may regulate the placement and types of decorations or holiday displays that can be seen from the street.

How to Amend HOA Rules and Regulations

Most of the time, an HOA’s community rules aren’t set in stone. However, it’s not always an easy process to change them. To amend HOA rules and regulations, you generally have to go through a structured process to ensure the changes meet the community’s needs and adhere to legal requirements

The process starts with two considerations–state laws and the HOA. After all, some states may have laws regarding amendments to bylaws or CC&Rs. Additionally, you have to look into the rules of your HOA, as bylaws vary from one association to another. Here’s a brief step-by-step process of what it takes to amend HOA rules and regulations. 

  1. Review Current Documents
  2. Propose an Amendment
  3. Meet to Discuss the Change
  4. Notify HOA Residents
  5. Take a Vote and Review the Numbers
  6. Approve or Reject the Amendment
  7. Notify Residents of the Change

A person reviews documents at a desk with a laptop, preparing to amend HOA rules and regulations.Review Current Documents

First, look at your HOA’s current bylaws and CC&Rs. Are there any rules that need to be changed or aren’t covered in the governing documents? It’s important to consider older laws that may be outdated or potential rules that could add value to the community. Keep in mind that some states may have specific rules regarding how and when an HOA can amend their governing documents.

Propose an Amendment

If you want to implement a new bylaw or make changes to a current HOA rule or regulation, you have to propose your amendment. It’s important that your proposal clearly describes the changes you wish to make to the covenant or bylaw. Whether it’s a minor change (like parking rules) or a major change (like changing a change in fees or dues), your proposal should be clear to avoid confusion later.

Meet to Discuss the Change

Once the HOA board receives a proposal, they should hold a meeting to discuss the amendment. If there’s no regularly scheduled meeting, the board should set up a special meeting to discuss the potential amendment. That said, the meeting should be open to all HOA residents so they can voice their opinions and give their input. 

Notify HOA Residents

If the board approves the amendment, it should go to the homeowners for a final vote. After all, before any changes are permitted, a majority vote must be obtained from HOA members and residents. This meeting should be separate, with proper and adequate notice so that members can consider their decision beforehand.

Take a Vote and Review the Numbers

After discussing and reviewing the potential amendment, the association votes. Depending on state laws and the governing documents of your HOA, you’ll likely need a vote from all HOA members. Once everyone has voted, the board will count the votes at an open meeting so that homeowners can come and witness the counting. 

Approve or Reject the Amendment

If the amendment passes with the necessary votes, the board can officially approve it. However, if it doesn’t pass, the HOA may need to review the feedback from homeowners and consider revising the proposal for a future vote. 

Notify Residents of the Change

Once the amendment is approved, it’s important to notify all HOA residents of the change. This notification should include the details of the new rule and when it will take effect. Clear communication during this process helps ensure everyone is aware of the changes and can comply with them. 

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Can an HOA Change Rules Without a Vote?

Generally, no, the HOA board cannot change community rules without a vote. However, there may be a few exceptions to this, including the following.  

  • Community members raise their hands during a meeting, voting on changes to HOA rules and regulations.Emergency or Temporary Rules The board may enact temporary or emergency rules without a formal vote if there are urgent safety concerns or compliance issues. However, these changes are usually time-limited, and homeowners must eventually vote on them. 
  • Minor Rules- For certain operational or day-to-day matters, like pool hours or parking regulations, the board may be able to make adjustments without homeowner approval, as long as the changes don’t conflict with the CC&Rs or bylaws.
  • State Laws or Governing Documents- Depending on the HOA’s governing documents and state laws, some adjustments might not require a formal vote, especially if the changes are minor. However, it’s crucial to check both the CC&Rs and state-specific laws to determine whether or not a vote is necessary. 

Manage Your HOA With BMG

Some bylaws or CC&Rs may need to be updated every once in a while. Following the steps to legally amend HOA rules and regulations helps ensure everyone in the community is on the same page. This is one of the board’s major responsibilities!

If you need help managing your HOA community, look for professional management today. Bay Property Management Group has the expertise and experience to manage your community association properly. Contact us today to learn more about our HOA management services in Philadelphia.